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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-11/12/2012City of Colleyville City Hall 100 Main Street Planning and Zoning Colleyville, Texas 76034 817. 503.1000 Commission www.colleyville.com Minutes Monday, October 22, 2012City Council Chambers Call Meeting to Order The Planning and Zoning Commission of the city of Colleyville was called to order by Chairman Byerly on October 22, 2012 at 7:07 p.m. Roll Call Present: Commissioners Larry Knox, David Dudziak, David Wheelwright, Don Davis, and Jeff Byerly Absent: Commissioners Ron Rotthaus and David Phelps Invocation The invocation was given by Commissioner Wheelwright. 1.APPROVAL OF MINUTES Commissioner Knox moved to approve the September 24, 2012 meeting minutes with grammar corrections. Commissioner Wheelwright seconded. The motionto approve carried with the following vote: Aye: 5 –Knox, Dudziak, Wheelwright, Davis, and Byerly 2.RECOGNITION OF OUTGOING MEMBER Commissioner Byerly recognized Commissioner Ron Rotthaus, Place 1, for his service on the Planning and Zoning Commission. 3.SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the following members: Jim Gotcher, Place 1 Jeff Byerly, Place 2 David Wheelwright, Place 3 City of Colleyville Page 1 Planning and Zoning Commission MinutesOctober 22, 2012 4.ELECTION OF OFFICERS Commissioner Knox moved to approve Commissioner Byerly for Chairman, Commissioner Dudziak for Vice-Chairman and Amy Shelley for Recording Secretary. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Davis, Gotcher, and Byerly 5.APPOINTMENT TO THE PARKLAND DEDICATION COMMITTEE Commissioner Byerly moved to approve Commissioner Knox for the appointment to the Parkland Dedication Committee. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Davis, Gotcher, and Byerly 6.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 7.REGULAR AGENDA ITEMS 7aConsideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Lawler Addition located at 509 Black Drive, Case GC12-016 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Davis questioned staff regarding if the proposed sidewalk will run into the existing home. Ron Ruthven explained that there is room for the proposed sidewalk however it would be close to the existing structure. Commissioner Davis questioned staff regarding if there is a historical marker on the subject property. Ron Ruthven replied that he did not believe there to be one. Commissioner Davis questioned staff regarding if there would be any trees that would have to be removed. Ron Ruthven used the exhibits, in the slideshow, to indicate the trees to be removed. Commissioner Knox questioned staff regarding if there would be any way to meander around the existing trees. Ron Ruthven replied that it would be City of Colleyville Page 2 Planning and Zoning Commission MinutesOctober 22, 2012 difficult to meander around the larger oak tree. Commissioner Davis stated he would hate to see a 30 inch oak tree have to be removed. Sam Noel, the homebuilder, 2404 Arbor Gate Lane, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Noel regarding ifthe trees are healthy. Mr. Noel replied yes, they appear to be healthy. Commissioner Knox questioned Mr. Noel regarding if the sidewalk requirement was stamped on the building plan. Mr. Noel repliedthat according to the Building Official, it was in anengineering portion of the reviewed plans. He further stated that he does not believe that it was stamped on the larger plans. Commissioner Dudziak stated that the builders know that the sidewalk requirements are in place. He further stated that he believes the money should be escrowed for the sidewalk. Commissioner Dudziak moved to approvecase GC12-016with the escrow option for the sidewalk. Commissioner Byerly seconded. Mr. Noel stated that if there is never a sidewalk put on this property, then essentially the homeowner is paying for someone else’s property. Commissioner Byerly explained to Mr. Noel regarding the sidewalk escrow option according to the City Council’s recommendation on the sidewalk map. Mr. Noel questioned staff regarding if there are remodels or any new structures built on Black Drive, and then those persons are responsible for constructing, or putting money into escrow for a sidewalk. Ron Ruthven replied that a sidewalk is to be constructed along Black Drive when a new structure is built on Black Drive, not remodeled.He further explained the neighborhood district in which this property is included, Neighborhood #2. Mr. Noel questioned staff regarding if the current sidewalk issues have been resolved with the City Council. Commissioner Byerly explained that this is the current sidewalk requirement. The motion to approve,with the escrow option, carried with the following vote: Aye: 5–Knox, Dudziak, Wheelwright, Gotcher, and Byerly Nay: 1 –Davis City of Colleyville Page 3 Planning and Zoning Commission MinutesOctober 22, 2012 7bApproval of aPreliminary Plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-013 Ron Ruthven presented the case and briefed the Commission. Bryan Holland, the applicant, came forward to present the case and brief the Commissioners. Commissioner Knox moved to approve case PC12-013. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 7cApproval ofa request for a minor plat for 10.3 acres on Tracts 1A1D, 1A5, and 1B4, of Abstract 1182, of the W.C. Newton Survey located at 816 W. L. D. Lockett Road, Case PC12-014 Ron Ruthven presented the case and briefed the Commission. Marty Stadjuhar, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Davis moved to approve case PC12-014. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 8.PUBLIC HEARING AGENDA ITEMS 8aConsideration of a replat on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case PC12-011 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:36 p.m. Charles Starnes, the Engineer and Surveyor, came forward to present the case and brief the Commissioners. City of Colleyville Page 4 Planning and Zoning Commission MinutesOctober 22, 2012 There being no one wishing to speak, the public hearing was closed at 7:38 p.m. Commissioner Davis moved to approve case PC12-011. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 8bConsideration of a request fora Special Use Permit for a carport on Lot 1A, Block 1, of the MeadowlakeAddition located at 1117 W. LD Lockett Road, Case ZC12-024 Ron Ruthven presented the case and briefed the Commission. Commissioner Davis questioned staff regarding the steel beams. Ron Ruthven explained that the beamsare made of metal with masonry around the bottom portion. Commissioner Davis questioned staff regarding if the beams, holding the roof, are metal as well. Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if there are any ordinances that cover the exposed steel beams, should they be covered? Ron Ruthven stated that these building come pre-engineered and therefore are all metal. Commissioner Dudziak questioned staff regarding if the exposed metal, along the bracing at the top, can remain exposed. Ron Ruthven explained that the metal beamsmay remain exposed. Commissioner Davis questioned staff regarding how high up does the masonry on the columns have to be. Ron Ruthven replied,all the way up the column. Commissioner Byerly opened the public hearing at 7:43p.m. Craig Gandy, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Gandy regarding whyhe wanted a 1:12 pitch roof. Mr. Gandy replied he did not have a reason other than the discussions he has had with the contractors. He explained that he would be inclined to meet the requirements of the code. City of Colleyville Page 5 Planning and Zoning Commission MinutesOctober 22, 2012 There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Gotcher stated that the applicant wants to match some existing elements that he has on the property; are these circumstances that can be considered. Ron Ruthven explained that this is a Special Use Permitrequest, therefore the ordinance can be detailed as the Commission deems necessary. Commissioner Davis questioned Mr. Gandy regarding how close the new structure will be to the existing home. Mr. Gandy replied that it will be approximately eight feet from the house. Commissioner Byerly questioned Mr. Gandy regarding if he has any photos of the existing home that details the features. Mr. Gandy replied no. He further explained that the stone elements are approximately 36-38 inchesfrom the ground up with cedar beams that extend beyond that. Commissioner Davis questioned Mr. Gandy regarding if this structure will match the existing front porch area. Mr. Gandy replied yes. Commissioner Gotcher questioned Mr. Gandy regarding how close the new structure will be to the existing home. Mr. Gandy replied that it will be approximately six to eight feet from the house. Commissioner Gotcher questioned staff regarding how far this structure will sit from L.D. Lockett Road. Ron Ruthven replied that it will sit approximately 200 feet from L.D. Lockett Road. Commissioner Davis questioned Mr. Gandy regarding his preference on the stone columns. Mr. Gandy replied that he thinks it will look better if the stone work matches the existing porch area. Ron Ruthven explained the spirit of the carport ordinance to the Commissioners. Commissioner Byerly questioned staff regarding how the Commissioners can make a recommendation on the stone columns without knowing what the existing structure looks like. Ron Ruthven explained that the Commissioners could make a recommendation that the stone height shall match the stone height of the primary structure. Commissioner Byerly questioned staff regarding if this can be ensured by the building permit. Ron Ruthven replied yes. Mr. Gandy stated that he can wrap the steel beams with cedar, for cosmetic City of Colleyville Page 6 Planning and Zoning Commission MinutesOctober 22, 2012 purposes. Commissioner Dudziak questioned Mr. Gandy regarding if the steel cross beams, under the roof line, could be encased with cedar as well. Mr. Gandy replied that he had not consideredthat,and further explained that it would be difficult to do. He explained that the existing front porch is built with cedar beams. Discussion occurred between the Commissioners and the City Attorney regarding wording for the motion. Commissioner Knox stated that all of the support columns need to be wrapped in cedar, to the roof line, and the column stone wraps should extend 36 inches above the finished grade, but not all the way to the roof line. Commissioners Davis and Gotcher recommend thatthe structure should match the existing front porch structure. Commissioner Gotchermoved to approve case ZC12-024with the recommendations in the proposed ordinance with the exception that the masonry brick/masonry columns should extend at least 36 inches above the finished grade, but not all the way to the roof line, and with the steel beams to be wrapped in cedar. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 9.CONTINUED PUBLIC HEARING AGENDA ITEM 9aApproval ofan amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12-022 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerlyopened the public hearing at 8:01p.m. Donald Silverman, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Silverman regarding if there are financing issues with multi-level units. Mr. Silverman replied that there are City of Colleyville Page 7 Planning and Zoning Commission MinutesOctober 22, 2012 times when financing can be a challenge when a mixedusedevelopmentis in place. Commissioner Dudziak questioned Mr. Silverman regarding if additional units are difficultto finance versus a single unit. Mr. Silverman replied at times it is difficult.He said some prefer not to pay a higher price to live in a condominium unitand maintain common areas. He further stated that the project will movefaster with a single unit product. Commissioner Byerly questionedMr. Silverman regarding if more residential density would encourage the commercial uses. Mr. Silverman replied that they are trying to get the projectmoving so that the developmentcould be completed.He further stated that more residences will help the development however;there is only so much room for the units. Commissioner Byerly stated that the current ordinance will allow for 15 residences to be constructed.He further questioned Mr. Silverman regarding have they considered building those units to seehow it will take off after they are constructed? Mr. Silverman replied that they cannot get a builder to come in and contract to build such few units. He stated that they want at least 35 to 40 units under contract beforethey will committo buildingin this development. Jimmy Archie, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Archie regarding if the parking is public. Mr. Archie replied yes. Commissioner Davis questioned Mr. Archie regarding if the police can patrol and issue citations for parking violations. Mr. Archie replied yes, however thereare no regulations for parking.Ron Ruthven concurred, and stated that there are no on-street parking regulations.City Attorney concurred with staff regarding parkingregulationsand furtherexplained the typical parking requirementsare located in the general city ordinances not in a zoning ordinance. Commissioner Dudziak questioned Mr. Archie regarding if the number of residentialunits is limited becauseof the numberof parking spaces required per living unit. Mr. Archie replied that two parking spaces are required for the living units and one space can be locatedwithin 600 feet of the unit. Commissioner Dudziak questionedMr. Archie regarding what are some ideas to help these situations with parking and density. Mr.Archie replied that the parking could go underground howeverit is cost prohibitive and has not City of Colleyville Page 8 Planning and Zoning Commission MinutesOctober 22, 2012 worked so far. He stated the cost per square foot goes up at that point.He stated that removing the maximum unit limitation helps so that the developer can make adjustments. Commissioner Dudziak questioned Mr. Archie regarding if the parking could be on the entire first floor with units above the parking. Mr. Archie replied that the zoning would allow it since parking is an approved use, however, he does not know if a builder would do this. Commissioner Dudziak stated that there needs to be more density in order to drive the commercial to succeed.Mr. Archie stated that more parking could be added to some of the lots to allow for the commercial on theground floor with smaller, one or two bedroom,unitsabove it. Commissioner Dudziak questionedMr. Archie regarding if the proposed changes would allow that density. Mr. Archie replied yes, he believes so. Commissioner Dudziak stated that smaller, less costly units are going to drive this development, especiallyfor the younger generationwho spend more money. Mr. Archie explained that he believes the development will take off if the applicantsare given the amendments to the PUD so that a builder will come in and start construction. Commissioner Byerly questionedMr. Archie regarding if that will be the best usefor most of the lots right outside of the commercial areas for residential. Mr. Archie replied that those can be constructed, today, as residential.He stated that the applicants are only asking for one more site in those areas to be residential. There being no one wishing to speak, the public hearing was closed at 8:38 p.m. Commissioner Wheelwright stated not being opposed to any of these changes. He stated being in favor of them, given thestruggles with this development. Ron Ruthven stated that the parking issues have been addressed with the applicantand the developer.He stated that staff will present something more concrete to the City Council. Commissioner Wheelwright stated he would be in favor of eliminating the maximum residency per sitehowever something would need to be in place regarding parking.Ron Ruthven explainedthat with this type of a development,theseissues are factored in at the beginningof the processso City of Colleyville Page 9 Planning and Zoning Commission MinutesOctober 22, 2012 that differentscenariosare in placewhen issues evolve. CommissionerDavis questionedstaff regarding why would someone want to park two football fields away from their home; they will never be able to sell those homes.Ron Ruthven stated that the applicants will be able to meet the parking demandsas they are proposing.He further explained that the current ordinance states that the additional parking space may be located within 400 feetin the proposed ordinance. Commissioner Byerly stated that this should have been planned all at once for flexibility with commercial and residentialas long as a certain percentage was met.He furtherstated that 44 townhomes are being requested to be constructedwith a maximum of three residential units per lot, unless a minimum amount is put in place.He stated there are lots that appear to have a better commercial use than residential. Commissioner Wheelwright stated that they are trying to achieve something consistent throughout so that a developercancome in and finishthe development. Mr. Silverman stated they are trying to kick start the development with the residential aspect so that something is being constructed in theVillage to draw more attention to it. Commissioner Dudziak questioned Mr. Silverman regarding that the developer will be the one to create the higher densitywith commercial. Mr. Silverman replied yes. Commissioner Dudziak stated being a little concerned about the approachand stated that there needs to be a higher density in residential. Commissioner Byerly stated that the kick start should have happened a couple of years ago when Henry S. Miller approached the amendment. Commissioner Byerly stated that the new Walmart Neighborhood Market and the new Londoner will help the commercial components of the Village. Commissioner Byerlymoved to deny case ZC12-022. Commissioner Wheelwright stated that Walmart does help bring in more commercial but he feltunsure about these helping to kick startthe Village. He stated it may be wishful thinking. Commissioner Dudziak seconded. City of Colleyville Page 10 Planning and Zoning Commission MinutesOctober 22, 2012 Commissioner Dudziak stated there havebeen numerousconversations regarding the need for more density. Commissioner Byerly questionedstaff regarding if the applicant can appeal the request to City Council. Ron Ruthven repliedthat if the Commission denies the request, they have 10 days to appeal to City Council. The motion to deny failed with the following vote: Aye: 3–Knox, Dudziak, Byerly Nay: 3 –Wheelwright, Gotcher, Davis Discussion occurred between the Commissioners and Mr. Archie regarding the residential percentages. Mr. Silverman stated they could withdraw their request all together. He further requested that the Commission table this request to the next meeting. Commissioner Byerlymoved to continue this item at the next meeting scheduled for November 12, 2012. Commissioner Davis seconded. The motion to continue was approved with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 10.ADJOURNMENT The meeting adjourned at 9:03 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on _______________ by a vote of __________. 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ïïô îðïî ¾§ ß³§ Í¸»´´»§ Buffer Map ß°°´·½¿²¬ù Î»¯«»¬ ó Ñ½¬±¾»® îîô îðïî Ê·´´¿¹» ÐËÜÝ Æ±²·²¹ Ò»·¹¸¾±®¸±±¼ Ü·¬®·½¬ Ó¿° Ô»¬¬»® ±º Í«°°±®¬ Í¬¿¬»³»²¬ ±º Ð´¿²²·²¹ Ñ¾¶»½¬·ª» Æ±²·²¹ Û¨¸·¾·¬ ORDINANCEO-12-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES O-99-1141, O-02-1337.4,O-06-1560AND O-08-1680; BYAMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 26ACRESIN THE VILLAGE AT COLLEYVILLE ADDITION ANDLOTS 3A AND 3B, BLOCK 1, VILLAGE FRONT DOORADDITION, FROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONINGDISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;AND PROVIDINGAN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for rezoning under Case No. ZC12-022; and WHEREAS,Ordinances O-99-1141, O-02-1337.4, O-06-1560 and O-08- 1680are hereby repealed in their entirety; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable considerationto, among other things, the character of the Ordinance O-12-xxxx Page 2of 20 districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all theproperty owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, andthe same is hereby amendedby changing the zoning on 26 acres in the Village at Colleyville Addition andLots 3a and 3b, Block 1, Village Front DoorAddition, from the PUD-C-Planned Unit Development Commercial Zoning District to the PUD-C-Planned Unit Development Commercial Zoning District, asdepictedin Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THATOrdinances O-99-1141, O-02-1337.4, O-06-1560 and O-08- 1680 are hereby repealed in their entirety. Ordinance O-12-xxxx Page 3of 20 Sec. 5.THAT the above described tract of land shall be subject to the following conditions: A. PURPOSE The purpose of this planned unit development is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The propertiesshown on the attached Zoning Exhibit “A” are zoned PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas and are hereby amended by the terms of this ordinance. C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided intotwo neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit “B”. The neighborhood areas and their symbol designations are described as follows: Neighborhood Center–The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters “NC”. Neighborhood General-The Neighborhood General area shall serveas a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters “NG”. D. DEVELOPMENT STANDARDS Ordinance O-12-xxxx Page 4of 20 Buildings or structures containing any combination of single- family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses–the following permitted uses shallbe allowed within this planned unit development: a.Single-family Residences:Residential units may be either detached or attached, andmore than one residence maybe located per building site. A building site may also have one ancillary residential structure. For the purpose of this ordinance, abuilding siteis defined as a single building siteas identified on the Condominium Exhibit of the Village at Colleyville.The habitable area of the ancillary structure shall not exceed 600 squarefeet. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 22% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. (2) NG Area: A maximum of 64% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) Amaximum of 48% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. (4) Work/Live Units:Awork/liveunit is defined as a single unit consisting of both a commercial/office and a residential component that is occupiedby the same resident. The work/liveunit shall be the primary dwelling of the occupant. Provided compliance with sections 1 through 3 above are met, all lots within this development may contain a work/live unit. Work Ordinance O-12-xxxx Page 5of 20 areas are encouraged to be placed on the ground floor while the living area is encouraged to be placed on upper floor above the work unit. (5) Not more than 200 total residential dwelling units shall be permitted within the boundaries of the PUD-C zoning district. (6) All residential units shall have a minimum of 1,500 square feet of climate controlled area per residence. No more than a total of twenty-four (24) residential units may be built with a minimum square footage of 1,000 square feet,but no more than ten of these units shall be in any single building. (7) The method of calculating the square footage of a residential unit within this PUD-C shall not include floor areas used as common area hallways and stairwells, but shall include the climate controlled space of the dwelling unit. (8)Those ancillary residential units built on or before February 8, 2006 and currently holding a Certificate of Occupancy for an ancillary residential unit at 32 Piazza Lane, 36 Piazza Lane, 51 Piazza Lane, and 55 Main Street, Suites 320 and 360 are hereby declared to be legal conforming. b. Retail:Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronicequipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service:Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club/fitness center, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. Ordinance O-12-xxxx Page 6of 20 d. Food andLodging:Boutiquehotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. e.Entertainment:Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. f. Office:Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g.Educational:Private schools, and day-care centers. h.Mixed-use:buildings or structures containing any combination of single-family residences and other uses listed herein. i.Public/Semi-public:Buildings or structures owned or operated by the City of Colleyville or The Village Owner’s Association. Semi-public uses such as a neighborhood center, pool and related recreational facilities. The lots bounded by Cottage Lane, Village Lane, VerandaLane and Main Street may be used, either all or in part,as a public plaza including the installation of permanent public amenities such as a fountainand seating area. The purpose of the plaza would be for public gatherings and events. j. Parking lots. k.Accessory buildings or uses as defined herein. l.Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. Ordinance O-12-xxxx Page 7of 20 m.Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n.Outdoor seating areas for food, lodging or entertainment uses. o.Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. p.Alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use.No Special Use Permit is required. q.Alcoholic beverage sales for off-premise consumption for a grocery store, specialtywine shop or gourmet food store.No Special Use Permit is required. 2.Permitted Uses with a Special Use Permit–The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Land Development Codeof the City of Colleyville: a.Food trucks, including outside sales of cooked food and other items not listed in Section E.1 Permitted Uses. c.Television and appliance repair service shop. d.Club, lodge or other fraternal organizations. e.Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a streetwithin the Neighborhood Central(NC) zone shall be allowed only with the approval of a Special Use Permit. f.Package (liquor) stores g.Wedding chapel 3.Prohibited Uses–The following uses shall be prohibited within this planned unit development: Ordinance O-12-xxxx Page 8of 20 a.Drive-through commercial uses where patrons remain in automobiles. b.Vending machines, except within buildings. c.Retail uses containing more than 40,000 square feet of floor area per certificate of occupancy. d.Industrial and manufacturing businesses that create noise, vibration or obnoxious odors. e.Kennels. f.Terminals or depots for large-scale storage or distribution of goods. g.Scrap yards for the processing or storage of waste materials. h.Automotive repair businesses. i.Telemarketing office withover 20 employees. j.Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. 4.General Lot Criteria–See Table 1 below: Table 1 General Lot Criteria NeighborhoodNeighborhood General Zone (NG)Center Zone (NC) LotMin.Area2,600 s.f.Min. Area2,600 s.f. Dimensions Max. Area5 acresMax. Area5 acres Min. Lot 30%Min. Lot 45% CoverageCoverage Max. Lot 90%Max. Lot 95% CoverageCoverage SetbacksFront0’ min –15’ Front0’ min –15’ max. max. Side0’ min –15’ Side0’ min –15’ max. max. Rear –4’ min.Rear –4’ min. Main Bldg.Main Bldg. Ordinance O-12-xxxx Page 9of 20 Rear –4’Rear –4’ Accy. Accy. Bldg. Bldg. HeightMax. 48 ft. or 3.5 Max. 48 ft. or 3.5 stories HeightstoriesHeight Notes: 1. the one-half story above third floor shall not exceed 400 s.f. 5.Building Exteriors-The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, or stucco. Non-masonry materials may be utilized for building accentsper the requirements of Chapter 6-Building Design in the Land Development Code. 6.Roofing-If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4’) in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be usedwhich comply with Section (8) Balconiesbelow. 7.Balconies-Balcony railings must be constructed with wrought iron or masonry balustrades. 8.Building Design Requirements-Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt fromChapter 6 Building Design of the Colleyville Land Development Code. 9.Exterior Building Lighting-Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. 10.HVAC Systems-All air-conditioning condenser units must be hidden from street view or placed on the roof. 11.Backyard Walls-These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. Ordinance O-12-xxxx Page 10of 20 12.Landscaping–Lots with street frontage withinthis planned unit development shall, at a minimum,meet the meet the requirements of Chapter Four in the Land Development Code.The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard r Oaks, Live Oaks, Bald Red Oaks, Sweet Gums, Bur Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their he sidewalk. The owners of the ground building and t floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees.A landscaped buffer with natural openings shall be provided along the entire length of the northern boundary from City Park to Pleasant Run Road, in lieu of the masonry screening wall. Said landscape buffer shall consist of a row of trees. Trees shall be a minimum of four (4”) caliper, spaced at 25’ intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 –Landscaping and Bufferingof the Land Development Code. Fifty percent of said trees shall be Highrise Live Oaks (quercus virginiana). In addition, there shall be a minimum five foot tall wrought iron fence installed along the northern boundary from City Park to Pleasant Run Road, said minimum five foot tall wrought iron fence shall also be installed on top of any retaining wall along the northern boundary line. 13.Awnings–Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 14.Architectural Control Committee-The Property Owner’s Association must create an Architectural Control Committee, which shall be funded by the Property Owner’s Association. All building exterior specifications, Ordinance O-12-xxxx Page 11of 20 site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 15.Limitation on Late Night Hours of Operation–Businesses located within this PUD-C shall close not later than 12:00 a.m. on all days except on Saturdaysand Sundays, where businesses shall close not later than 2:00 a.m. 16.Dumpster Screening–All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The enclosure and/or building niche shall be constructed of material that matches the building. 17.Fire Prevention–All buildings within thisPUD-C shall be equipped with fire detection and suppression systemsas requiredand approvedby the City of Colleyville Fire Marshal.Said systems shall be maintained and inspected as required by the Fire Marshal. E.ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of- way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures,must maintain a forty-eight (48”) inch pedestrian right-of-way and comply with all other ADA regulations. 1.Encroachments below grade -Approval by the Director of Public Worksof a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18”) inches. 2.Encroachments of architectural features above grade - Ordinance O-12-xxxx Page 12of 20 Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Right-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows18 inches with max. 7 foot length, 3 feet min. spacing & one bay window per 15 feet of site frontage Awnings & 80% of sidewalk width, 8 feet clearance over canopies pedestrian area & 14 feet clearance over vehicle area Signs 66% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area LightsIf the light encroaches 12 inches or less, it may be mounted at any height on the building façade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach beyond 48 inches Eaves, cornices From 8 feet to 15 feet above grade, one inch of andbalconiesencroachment for each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 3.Temporary structures in public right-of-way –The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks –The use of a public sidewalk as an outdoor eating area containing more than four tablesshall only be permitted with adminstrativeapproval of the Community Development Director. Ordinance O-12-xxxx Page 13of 20 F. SUPPLEMENTALREQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1.Open Space Requirements -This development shall provide open space areas as shown on the attached Exhibit “C” in lieu of any other open space requirements of the Colleyville Land Development Code. 2.Park Land Dedication Fees –Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single-family dwelling unit. 3.Street Right-of-Way Widths–These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. a. Not later than one year from the date of approval of this ordinance, the portion of Mission Lane located between Pleasant Run Road and Lot 1, Block 1 of the Village Front Door Additionshall be widened suchthat said portion of the roadway can accommodatetwo-way automobile traffic. The developer shall dedicate all necessaryright-of-way to accommodate the roadway widening. The final design and construction of the widening shall meet the specifications and recommendations of the Public Works Director. 4.Sidewalks–Sidewalks shall be required for all lots in this development. Where no sidewalks exist as of the passage of this ordinance, any new sidewalks constructed shall be a minimum of ten feet in widthand shall comply with the Americans with Disabilities Act. 5.Garages/Accessory Buildings-The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed Ordinance O-12-xxxx Page 14of 20 walkway. These buildings shall comply with all other requirements in this ordinance. 6.Advertising Signs–Buildings may contain the following types of signs: a.Wall Signs -The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. b.Projecting Signs -These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c.Awning Signs -Individual letters on awning signs shall not exceed 12 inches in height. d.None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e.Window Signs –Food and Lodging and Entertainment uses mayuse internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs arepermitted. f.Grand Opening Signs –When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off-premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall Ordinance O-12-xxxx Page 15of 20 be required for a Grand Opening Sign permit. g.State Highway 26 Off-Premise Signage –Businesses located within this development may place one temporary signon private property located at the southwest corner of Main Street and SH26along SH26 with the permission of the property owner. The sign dimensions shall not exceed eight (8) feet in height and eight (8) feet in widthand shall not exceed 64 square feet in total area.Not more than two businesses may place a sign allowed by this section at any one timeat this location.The signs shall be composed of a flexible material and remainingood condition.The signs must meet all permitting and timerestrictions fortemporary business signsin the Land Development Code. h. Sandwich Board (A-Frame) Signs –One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48”) high and thirty-six inches (36”) wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. 7.Street and Alley Design a.Two-way Street -The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-eight(58) feet wide. b.One-way Street -A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ten (10) feet in width. The public right-of-way for a one-way street shallnot be less than forty-five (45) feet. c.Alley -The cross section of the typical alley shall contain twelve feet of pavement with green space on Ordinance O-12-xxxx Page 16of 20 each side. The alley right-of-way width shall not be less than twenty (20) feet. 8.Public Area Landscaping–Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. G. AMENITIES 1.Parks and Playgrounds-All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2.Sidewalk Amenities-Besides the trees and other landscaping, sidewalks maybe constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains.All amenities shall be maintained by the Village Owner’s Association. 3.Street Lights-The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings.The final location and number shall be determined and approved by the Public Works Director. 4.Walking Paths-Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5.Street Signs–Street signs maybe attached on the appropriate buildings at each intersection. The signs, if attached,shall be placed fifteen (15) feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. H. PARKING REQUIREMENTS The parking requirements for this planned unit development Ordinance O-12-xxxx Page 17of 20 shall be as follows and subject to review when the project is 50% complete: 1. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses–The parking requirements for residential units shall be as follows: (1) Ground floor –when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. (2) Upper floor –when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b.Non-Residential Uses(includes work/live units)–The parking requirements for non-residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. c.Public Parking-Public parking lots and parallel Ordinance O-12-xxxx Page 18of 20 parking spaces shall be located as shown on the attached Exhibit “C”. All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the City Council. d.45 degree Angled Public Parking (1)The following requirements shall only apply to the portion of Main Street located between Village Lane and Pleasant Run Road and shall become effective only street parking in this upon the realignment of the on- area to angled parking from parallel parking. (2)45 degree angled public on-street parking spaces shall be allowed along both sides of Main Street between Village Lane and Pleasant Run Road. (3)The existing median shall be removed upon the initiation of the parking realignment allowed by this ordinance. Upon removal of the existing median, a decorative median, constructed with brick, stone or an approved surface that resembles brick or stone, shall be installed. The new median shall be flush with the surrounding pavement. The installation, size and location of the decorative median shall require the final approval of the Director of Public Works or the City Manager’s designee. (4)There shall be a minimum unobstructed pavement width of 28 feet maintained on Main Street between Village Lane and Pleasant Run Road. (5)These spaces shall meet the minimum design specifications for parking spaces as stated in Section 3.29.1 –Parking Space Construction Standards in the Land Development Code, except where amended herein. (6)Any existing tree removed within the existing median as a result of the parking realignment allowed by this ordinance shall require mitigation perthe Ordinance O-12-xxxx Page 19of 20 requirements of Chapter 5 –Tree Preservation in the Land Development Code. (7)No parking spaces may be placed such that a vehicle backing out of said space would impede the flow of traffic and/or create a threat to public safety within a street intersection. I. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lienagainst that owner's property. J.CITY/DEVELOPER AGREEMENT Not later than one year from the approval date of this ordinance, an amended city/developer agreement shall be approved by the City Council for this developmentbetween the City and the “developer” and/or their assigns, transferee(s)or designee(s)listed on the current, approved agreement. Said agreement shall, at a minimum, amend and repeal all previous city/developer agreements related to this development by creating a singleupdatednew agreement. Failure to meet this requirement within the specified time frame shall be considered a violation of the terms of this ordinanceon the part of the current named “developer”, their assigns, transferee(s)or designee(s). Ordinance O-12-xxxx Page 20of 20 THAT any person, firm or corporation violating any of the Sec. 6. provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by ed the sum of Two Thousand Dollars a fine not to exce ($2,000.00) for each offense. Sec. 7.THAT ifany section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8.THAT inaddition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9.THAT all provisions of the Land Development Code shall remain in full force and effect, except where amended herein. Sec. 10.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 4day of December2012. th The second reading and public hearing being conducted on the 18day of December2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2012. Ordinance O-12-xxxx Page 21of 20 ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMCDavid Kelly City SecretaryMayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ÷äôóúóè©û¨ðÍÙÛÈÓÍÎÛÎØâÍÎÓÎÕïÛÌ ÷äôóúóè©ú¨î×ÓÕÔÚÍÊÔÍÍØûÊ×ÛÉ ÷äôóúóè©ù¨ìÛÊÑÓÎÕÛÎØíÌ×ÎéÌÛÙ×ûÊ×ÛÉ îíè÷ìÛÊÑÓÎÕÛÊ×ÛÉÛÊ×ÙÓÊÙÐ×Ø